MCP International, LLC et al v. Formula Four Beverages, Inc. et al
| Patrick Sean Payton |
| Formula Four Beverages, Inc., Formula Four Beverage (USA), Inc., Formula Four Beverages USA, Inc., Oxigen USA, Inc and Blair Bentham |
| MCP International, LLC |
| Oxigen (USA), Inc. |
| Oxigen Beverages, Inc. |
| 2:2020cv03440 |
| December 21, 2020 |
| US District Court for the Eastern District of Louisiana |
| Dana Douglas |
| Wendy B Vitter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.
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Filing 120
JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Defendants, Formula Four Beverages, Inc., Oxigen Beverages, Inc., Formula Four Beverages USA, Inc., Oxigen Beverages USA, Inc., and Blair Bentham, be cast in judgment to pay Plaintiffs, MCP International, LLC and Patrick Sean Payton, as set forth in document. Signed by Judge Wendy B Vitter on 8/15/2022.(cwa)
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Filing 119
Minute Entry for proceedings held before Judge Wendy B Vitter: Evidentiary Hearing held on 8/4/2022. Court begins at 8:59 a.m. Case called. Witness sworn and testified. Exhibits introduced and admitted. Plaintiffs' counsel is to prepare and provide the Court with a proposed judgment consistent with the Court's ruling within one week from the date of this hearing. Court ends at 9:54 a.m. (Court Reporter Alexis Vice.) (cwa) (Additional attachment(s) added on 8/9/2022: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11) (mmv).
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Filing 118
Brief by MCP International, LLC, Patrick Sean Payton re #116 Order Adopting Report and Recommendations (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3, #6 Exhibit 3-B)(Garner, James) Modified text on 8/2/2022 (cwa).
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Filing 117
ORDER: IT IS HEREBY ORDERED that the hearing set for Wednesday, July 20, 2022 at 2:00 p.m. is RESET for Thursday, August 4, 2022 at 9:00 a.m. Signed by Judge Wendy B Vitter on 7/6/2022.(cwa)
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Filing 116
ORDER AND REASONS ADOPTING #114 REPORT AND RECOMMENDATIONS. IT IS FURTHER ORDERED that a default judgment be entered against the defendants, Formula Four Beverages, Inc., Oxigen Beverages, Inc., Formula Four Beverages (USA), Inc., Oxigen (USA), Inc., and Blair Bentham, and in favor of the plaintiffs, MCP International, LLC and Patrick Sean Payton, as to all claims asserted by Plaintiffs against those defendants. IT IS FURTHER ORDERED that a hearing is set for Wednesday, July 20, 2022 at 2:00 p.m., during which the Court will hear oral argument and/or live testimony, if appropriate, regarding the judgment amount. IT IS FURTHER ORDERED that Plaintiffs' #99 Motion for Entry of Default, Plaintiffs' #101 Motion for Summary Judgment on Liability, Plaintiffs' #102 Motion for Summary Judgment on Damages, and Plaintiffs' #107 Motion In Limine to Exclude All Evidence are DENIED as moot. Signed by Judge Wendy B Vitter on 6/29/2022.(cwa)
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Filing 114
REPORT AND RECOMMENDATIONS re #91 MOTION for Sanctions and Motion to Deem Requests for Admissions as Admitted filed by MCP International, LLC, Patrick Sean Payton. ORDERED that the motion be GRANTED and RECOMMENDED that a DEFAULT be entered against Defendants Formula Four Beverages, Inc., Oxigen Beverages, Inc., Formula Four Beverages (USA), Inc., Oxigen Beverages (USA), Inc., and Blair Bentham (collectively, "Defendants") pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(vi) for the reasons set forth herein. IT IS FURTHER ORDERED that Plaintiffs' request for attorneys' fees is GRANTED. Plaintiffs shall file a motion to fix attorneys' fees into the record by Monday, April 11, 2022. Any opposition shall be filed no later than Monday, April 18, 2022. Plaintiffs shall notice the motion to fix attorneys' fees for hearing on Wednesday, April 20, 2022, and the motion shall be hard on that date without oral argument. Objections to R&R due by 4/14/2022. Signed by Magistrate Judge Dana Douglas on 3/31/22.(cg)
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Filing 113
ORDER: IT IS HEREBY ORDERED that MCP International, LLC's Rule 12(b)(6) #59 Motion to Dismiss Counterclaim is GRANTED. The counterclaim asserted by Formula Four Beverages, Inc. and Oxigen Beverages, Inc. against MCP International, LLC for unjust enrichment is DISMISSED WITH PREJUDICE. Signed by Judge Wendy B Vitter on 3/15/2022. (jeg)
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Filing 112
Return of Service of Certified Mail Receipt regarding document 97 served on Oxigen Beverages, Inc. on 1/11/2022; served on Oxigen USA, Inc. on 1/11/2022; served on Blair Bentham on 1/11/2022. (Attachments: #1 Return for Oxigen USA Inc, #2 Return for Blair Bentham)(jeg)
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Filing 111
Return of Service of Certified Mail Receipt regarding document 97 served on Formula Four Beverages USA, Inc. on 1/11/2022(jeg)
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Filing 109
ORDER: IT IS ORDERED that the pre-trial conference and trial of this matter is CONTINUED without date. Signed by Judge Wendy B Vitter on 3/8/2022.(jeg)
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Filing 110
Return of Service of Certified Mail Receipt served on Formula Four Beverages, Inc. on 1/11/2022(jeg)
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Filing 108
Proposed Pretrial Order by MCP International, LLC, Patrick Sean Payton (Garner, James)
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Filing 107
MOTION in Limine to Exclude All Evidence by MCP International, LLC, Patrick Sean Payton. Motion(s) will be submitted on 2/22/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Garner, James) Responses due by 2/14/2022 (mmv).
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Filing 106
Correction of Docket Entry by Clerk re #104 Notice (Other). **Document filed in error. Letters to the Court are improper form of pleading.** (jeg)
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Filing 105
ORDER that the oral argument on 1/12/2022 is CANCELLED, and the Motion for Sanctions and Motion to Deem Requests for Admissions as Admitted #91 is SET FOR SUBMISSION ON THE BRIEFS before the undersigned Magistrate Judge on Wednesday, 1/12/2022. Signed by Magistrate Judge Dana Douglas on 1/11/2022.(caa)
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Filing 104
**ERROR- document field in error** NOTICE by MCP International, LLC, Patrick Sean Payton re #103 Order on Motion for Extension of Deadlines, #58 Answer to Amended Complaint,, Counterclaim, #77 Order on Motion to Continue, #68 Status Conference,,,, Set/Reset Scheduling Order Deadlines,,, Mandatory Settlement Conference. (Garner, James) Modified on 1/11/2022 (jeg). Modified on 1/11/2022 (jeg).
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Filing 103
ORDER: IT IS HEREBY ORDERED that the #100 Motion is GRANTED. The Court's Scheduling Order (R. Doc. 57), as amended (R. Docs. 68, 77), is further AMENDED as set forth in document. All other deadlines in the Scheduling Order remain in effect. Signed by Judge Wendy B Vitter on 12/14/2021. (jeg)
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Filing 102
MOTION for Summary Judgment on Damages by MCP International, LLC, Patrick Sean Payton. Motion(s) will be submitted on 12/28/2021. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit 1, #4 Exhibit 1A, #5 Exhibit 1B, #6 Notice of Submission)(Garner, James)
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Filing 101
MOTION for Summary Judgment on Liability by MCP International, LLC, Patrick Sean Payton. Motion(s) will be submitted on 12/28/2021. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Exhibit 1, #4 Exhibit 1A, #5 Exhibit 1B, #6 Exhibit 2, #7 Exhibit 2B, #8 Notice of Submission)(Garner, James)
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Filing 100
MOTION for Extension of Deadlines by MCP International, LLC, Patrick Sean Payton. Motion(s) will be submitted on 12/28/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Garner, James)
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Filing 99
EXPARTE/CONSENT MOTION for Default Judgment as to Formula Four Beverages, Inc; Oxigen Beverages, Inc. Formula Four Beverages (USA) and Oxigen Beverages (USA), Inc.; Blair Bentham by MCP International, LLC, Patrick Sean Payton. (Attachments: #1 Memorandum in Support, #2 Proposed Order Entry of Default)(Garner, James) Modified text on 12/16/2021 (pp).
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Filing 98
ORDER - IT IS ORDERED that the Motion for Sanctions and Motion to Deem Requests for Admissions as Admitted (Rec. Doc. No. 91) is RESET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, January 12, 2022 at 11:00 a.m. Signed by Magistrate Judge Dana Douglas on 12/13/21.(cg)
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Filing 97
ORDER: IT IS HEREBY ORDERED that defendants, Formula Four Beverages, Inc., Formula Four Beverages (USA), Inc., Oxigen Beverages, Inc., Oxigen (USA) Inc., and Blair Bentham shall have until Tuesday, December 14, 2021 to enroll new counsel and for newly enrolled counsel to file a motion to enroll in this case. IT IS FURTHER ORDERED that the Telephone Status Conference scheduled for December 8, 2021 is CANCELLED. IT IS FURTHER ORDERED that the Clerk of Court shall send the Defendants copies of this Order via first-class and certified mail. Copies shall be sent to the last known address identified by withdrawing counsel. (See, R. Doc. 92 at p. 1). Signed by Judge Wendy B Vitter on 12/7/2021.(jeg) (Additional attachment(s) added on 12/14/2021: #1 International Certified mail receipts) (jeg).
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Filing 96
ORDER - IT IS ORDERED that the Motion for Sanctions and Motion to Deem Requests for Admissions as Admitted (Rec. Doc. No. 91) is RESET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, December 15, 2021 at 11:00 a.m. Signed by Magistrate Judge Dana Douglas on 11/30/21.(cg)
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Filing 95
ORDER granting #88 Motion for Attorney Fees. IT IS ORDERED that the Motion to Recover Attorneys' Fees (Rec. Doc. No. 88) is GRANTED. MCP is awarded reasonable attorneys' fees in the amount of $1,025 to be paid by defendants, Formula Four Beverages, Inc., Formula Four Beverages (USA), Inc., Oxigen Beverages, Inc., Oxigen (USA), Inc., and Blair Bentham. IT IS FURTHER ORDERED that defendants, Formula Four Beverages, Inc., Formula Four Beverages (USA), Inc., Oxigen Beverages, Inc., Oxigen (USA), Inc., and Blair Bentham, shall satisfy their obligation to MCP no later than thirty (30) days from the issuance of this Order. Signed by Magistrate Judge Dana Douglas on 11/23/21. (cg)
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Filing 94
TEXT ORDER (No PDF Document Attached). IT IS HEREBY ORDERED that a Telephone Status Conference is scheduled for Wednesday, December 8, 2021 at 10:00 a.m. Dial-in information will be emailed to counsel of record. Signed by Judge Wendy B Vitter.(fmm)
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Filing 93
ORDER - IT IS ORDERED that the Motion for Sanctions and Motion to Deem Requests for Admissions as Admitted (Rec. Doc. No. 91) is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, December 1, 2021 at 11:00 a.m. Signed by Magistrate Judge Dana Douglas on 11/17/21.(cg)
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Filing 92
ORDER that the Motion to Withdraw as Counsel of Record #85 is GRANTED. FURTHER ORDERED that the Defendants obtain and enroll new counsel in fifteen (15) days of the date of this Order. Until such time as new counsel is enrolled, the last known address identified by withdrawing counsel will be sufficient for service upon the Defendants. Any issues related to continuances, deadlines, and other modifications of the Scheduling Order #57 as amended in Rec. Doc. Nos. #68 & #77 are to be addressed with the District Court. Signed by Magistrate Judge Dana Douglas on 11/16/2021. (caa)
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Filing 91
MOTION for Sanctions and Motion to Deem Requests for Admissions as Admitted by MCP International, LLC, Patrick Sean Payton. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 12/1/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Notice of Submission)(Garner, James)
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Filing 90
RESPONSE to Motion filed by MCP International, LLC, Patrick Sean Payton re #85 MOTION to Withdraw James M. Williams, Walter R. Woodruff, Matthew A. Sherman, and Nicholas R. Varisco as Attorney . (Attachments: #1 Exhibit A)(Garner, James)
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Filing 89
Correction of Docket Entry by Clerk re #88 MOTION for Attorney Fees. **Please note that this Motion has been referred to Magistrate Judge Dana Douglas per #78 Minute Order. (jeg)
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Filing 88
MOTION for Attorney Fees by MCP International, LLC, Patrick Sean Payton. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 11/17/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission)(Garner, James) Modified text/referral on 11/2/2021 (jeg).
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Filing 87
ORDER that the Motion to Withdraw as Counsel of Record #85 is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, 11/17/2021 at 11:00 a.m. Given the novel COVID-19 pandemic, the oral hearing set in the captioned matter will be held by video. The Court will contact counsel prior to the date of the oral hearing with the video conference link. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 10/27/2021.(caa)
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Filing 86
ORDER regarding #79 Motion for Extension of Deadlines. IT IS ORDERED that the Motion to Extend Seven Day Deadline to Submit Discovery Responses (Rec. Doc. No. 79) is GRANTED IN PART, and Defendants shall respond to Plaintiffs' discovery in full within ten (10) days of the date of this order or by Friday, November 5, 2021. No further extensions will be allowed. IT IS FURTHER ORDERED that the Motion for Expedited Consideration of the Motion to Extend Seven Day Deadline to Submit Discovery Responses (Rec. Doc. No. 80) is DENIED AS MOOT. Signed by Magistrate Judge Dana Douglas on 10/26/21. (cg)
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Filing 85
MOTION to Withdraw James M. Williams, Walter R. Woodruff, Matthew A. Sherman, and Nicholas R. Varisco as Attorney by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc., and Blair Bentham. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 11/17/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit)(Sherman, Matthew) Modified text/submission date on 10/26/2021 (jeg). Modified text/filers on 10/27/2021 (jeg).
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Filing 84
RESPONSE/MEMORANDUM in Opposition filed by MCP International, LLC, Patrick Sean Payton re #79 MOTION for Extension of Deadlines to Submit Discovery Responses . (Garner, James)
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Filing 83
Correction of Docket Entry by Clerk re #80 MOTION to Expedite THE MOTION TO EXTEND SEVEN DAY DEADLINE TO SUBMIT DISCOVERY RESPONSES. **1. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by theMagistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge.Clerk took corrective action. 2. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. No further action necessary.** (jeg)
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Filing 82
Correction of Docket Entry by Clerk re #79 MOTION for Extension of Deadlines to Submit Discovery Responses. **1.Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by theMagistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge.Clerk took corrective action. 2. Filing attorney selected incorrect submission date. Correct submission date is 11/17/2021. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 81
**DEFICIENT** MOTION to Withdraw James M. Williams, Walter R. Woodruff, Matthew A. Sherman, and Nicholas R. Varisco as Attorney by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 11/16/2021. (Attachments: #1 Notice of Submission, #2 Proposed Order)(Sherman, Matthew) Modified on 10/26/2021 (jeg).
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Filing 80
EXPARTE/CONSENT MOTION to Expedite #79 MOTION for Extension of Deadlines to Submit Discovery Responses by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc., Blair Bentham and Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order)(Sherman, Matthew) Modified text/referral/exparte on 10/25/2021 (jeg). Modified text/filers on 10/26/2021 (jeg).
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Filing 79
MOTION for Extension of Deadlines to Submit Discovery Responses by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc., and Blair Bentham. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 11/17/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Sherman, Matthew) Modified text/referral/submission date on 10/25/2021 (jeg). Modified filers on 10/26/2021 (jeg).
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Filing 78
Minute Order. Proceedings held before Magistrate Judge Dana Douglas: Motion Hearing held on 10/20/2021. For the reasons stated on the record, IT IS ORDERED that Plaintiffs' Motion to Compel Discovery Responses and Request for Sanctions (Rec. Doc. No. 69) is GRANTED, and defendants, Formula Four Beverages, Inc. (FFB) and Oxigen Beverages, Inc. (Oxigen) (collectively "FF Canada") shall respond in full to the Plaintiffs' discovery no later than seven (7) days from the date of this order or by Wednesday, October 27, 2021. IT IS FURTHER ORDERED that Plaintiffs' request for attorney's fees is GRANTED. (cg)
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Filing 77
ORDER: IT IS HEREBY ORDERED that the #76 Motion is GRANTED. The Court's Scheduling Order (R. Doc. 57), as amended (R. Doc. 68), is further AMENDED as set forth in document. All discovery must be completed by 12/8/2021. Signed by Judge Wendy B Vitter on 10/20/2021. (jeg)
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Filing 76
EXPARTE/CONSENT MOTION to Continue Certain Pretrial Deadlines by MCP International, LLC, Patrick Sean Payton. (Attachments: #1 Proposed Order)(Garner, James)
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Filing 75
RESPONSE/MEMORANDUM in Opposition filed by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc, and Blair Bentham re #69 MOTION to Compel . (Sherman, Matthew) Modified text/filers on 10/26/2021 (jeg).
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Filing 74
Correction of Docket Entry by Clerk re #72 Witness and Exhibit List. **Document improperly filed on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed.** (jeg)
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Filing 73
Witness and Exhibit List by All Plaintiffs. (Garner, James)
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Filing 72
Witness and Exhibit List by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc., and Blair Bentham. (Sherman, Matthew) (Main Document 72 replaced on 10/12/2021) (jeg). Modified text/filers on 10/26/2021 (jeg).
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Filing 71
ORDER - Before the Court is Plaintiffs' Motion to Compel Discovery Responses and Request for Sanctions (Rec. Doc. No. 69) filed by plaintiffs, MCP International, LLC ("MCP") and Patrick Sean Payton. IT IS ORDERED that Plaintiffs' Motion to Compel Discovery Responses and Request for Sanctions (Rec. Doc. No. 69) is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, October 20, 2021 at 11:00 a.m. Signed by Magistrate Judge Dana Douglas on 10/4/21.(cg)
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Filing 70
Correction of Docket Entry by Clerk re #69 MOTION to Compel. **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 69
MOTION to Compel by MCP International, LLC, Patrick Sean Payton. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 10/20/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Notice of Submission)(Garner, James) Modified text/referral on 10/4/2021 (jeg).
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Filing 68
TELEPHONE STATUS CONFERENCE REPORT AND ORDER for proceedings held before Judge Wendy B Vitter: On 7/22/2021, the Court held a Telephone Status Conference in this matter. During the conference, the Court discussed with counsel the status of the case. After a discussion with counsel, counsel for the Plaintiffs made an oral motion to amend the Scheduling Order (R. Doc. 57) as set forth in document. IT IS HEREBY ORDERED that the Court's Scheduling Order (R. Doc. 57) is AMENDED with respect to the following deadlines: Final Pretrial Conference set for 3/10/2022 10:00 AM before Judge Wendy B Vitter. Jury Trial set for 3/28/2022 09:00 AM before Judge Wendy B Vitter. The remaining deadlines in the Court's Scheduling Order remain in effect. (jeg)
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Filing 67
TEXT ORDER (No PDF Document Attached). Due to a conflict in the Court's calendar, the telephone status conference set for July 22, 2021 at 3:00 p.m. is hereby RESET for July 22, 2021 at 9:30 a.m. Please use the same dial-in information previously provided. Signed by Judge Wendy B Vitter.(fmm)
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Filing 66
AFFIDAVIT of Service by Dean Price of Complaint, Supp and Amended Complaint served on Blair Bentham on June 21, 2021. (Garner, James)
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Filing 65
Reply Memorandum filed by MCP International, LLC, in Support of #59 MOTION to Dismiss for Failure to State a Claim Counterclaim. (mmv)
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Filing 64
TEXT ORDER (No PDF Document Attached) GRANTING #62 Motion for Leave to File Reply. The Clerk's Office is directed to file the Reply brief (R. Doc. 62-1) into the record in this matter. Signed by Judge Wendy B Vitter on 6/28/21. (fmm)
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Filing 63
Correction of Docket Entry by Clerk re #62 MOTION for Leave to File Reply Memorandum to rec doc 59. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 62
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to rec doc 59 by MCP International, LLC. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Garner, James) Modified text/referral on 6/28/2021 (jeg).
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Filing 61
RESPONSE/MEMORANDUM in Opposition filed by Formula Four Beverages, Inc., Oxigen Beverages, Inc. re #59 MOTION to Dismiss for Failure to State a Claim Counterclaim . (Sherman, Matthew)
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Filing 60
ANSWER to #58 Counterclaim by MCP International, LLC.(Garner, James) Modified text on 6/11/2021 (jeg).
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Filing 59
MOTION to Dismiss for Failure to State a Claim Counterclaim by MCP International, LLC. Motion(s) will be submitted on 6/29/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Garner, James) Responses due by 6/21/2021 (mmv).
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Filing 58
ANSWER to #54 Amended Complaint, with Jury Demand , COUNTERCLAIM with Jury Demand against MCP International, LLC by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc.(Sherman, Matthew)
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Filing 57
SCHEDULING ORDER: Final Pretrial Conference set for 1/7/2022 10:00 AM before Judge Wendy B Vitter. Status Conference set for 7/22/2021 03:00 PM before Judge Wendy B Vitter. Jury Trial set for 1/31/2022 09:00 AM before Judge Wendy B Vitter. All discovery must be completed by 11/8/2021. Signed by Judge Wendy B Vitter on 5/20/2021. (Attachments: #1 Pretrial Notice Form)(jeg)
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Filing 56
ORDER: IT IS HEREBY ORDERED that the #34 Motion to Dismiss for Failure to State a Claim is DENIED as moot. IT IS FURTHER ORDERED that the #40 Motion for Discovery is DENIED as moot. Signed by Judge Wendy B Vitter on 5/14/2021. (jeg)
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Filing 55
Summons Issued as to Blair Bentham. (cg)
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Filing 54
SUPPLEMENTAL AND AMENDED COMPLAINT against Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc, Blair Bentham filed by MCP International, LLC and Patrick Sean Payton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(cg) Modified text/filers on 5/13/2021 (mmv).
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Filing 53
Minute Order. Proceedings held before Magistrate Judge Dana Douglas: Motion Hearing held on 5/13/2021 re #38 MOTION for Leave to File Supplemental and Amended Complaint filed by MCP International, LLC. Accordingly, for the foregoing reasons and the for the reasons stated on the record, IT IS ORDERED that the Motion for Leave to File Supplemental and Amended Complaint (Rec. Doc. No. 38) is GRANTED. (cg)
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Filing 52
ORDER: IT IS HEREBY ORDERED that the #47 Motion is GRANTED. Tyler M. DeAgano shall be withdrawn as counsel of record and Curtis J. Case, of the law firm of Sher Garner Cahill Richter Klein & Hilbert, LLC, shall be enrolled as additional counsel of record for plaintiff, MCP International, LLC. Signed by Judge Wendy B Vitter on 5/11/2021. (jeg)
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Filing 51
REPLY in Support to Response to Motion filed by MCP International, LLC re #38 MOTION for Leave to File Supplemental and Amended Complaint. (cg)
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Filing 50
ORDER granting #48 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 5/11/21. (cg)
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Filing 49
Correction of Docket Entry by Clerk re #47 MOTION to Substitute Attorney. Attorney Curtis J. Case to be substituted in place of Tyler M. DeAgano. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk modified docket text to reflect 'Exparte'. No further action necessary.** (jeg)
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Filing 48
EXPARTE/CONSENT MOTION for Leave to File to File Reply Memorandum to rec doc 38 by MCP International, LLC. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Garner, James) Modified text on 5/10/2021 (jeg).
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Filing 47
EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Curtis J. Case to be substituted in place of Tyler M. DeAgano by MCP International, LLC. (Attachments: #1 Proposed Order)(Garner, James) Modified text/exparte on 5/11/2021 (jeg).
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Filing 46
RESPONSE/MEMORANDUM in Opposition filed by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc re #40 MOTION for Leave to Conduct Jurisdictional Discovery . (Sherman, Matthew)
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Filing 45
RESPONSE/MEMORANDUM in Opposition filed by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc re #38 MOTION for Leave to File Supplemental and Amended Complaint . (Sherman, Matthew)
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Filing 44
ANSWER and Affirmative Defenses to #33 Answer to Counterclaim by MCP International, LLC.(Garner, James) Modified text on 5/4/2021 (jeg).
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Filing 43
ORDER - IT IS ORDERED that the Motion for Leave to File Supplemental and Amended Complaint (Rec. Doc. No. 38) is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, May 12, 2021 at 11:00 a.m. Signed by Magistrate Judge Dana Douglas on 4/27/21.(cg)
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Filing 42
Correction of Docket Entry by Clerk re #40 MOTION for Leave to File to Conduct Jurisdictional Discovery. **Filing attorney selected incorrect event. Correct event is MOTION for Discovery. Clerk took corrective action by changing the event. No further action necessary.** (jeg)
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Filing 41
Correction of Docket Entry by Clerk re #38 MOTION for Leave to File Supplemental and Amended Complaint. **1.Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. 2.Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 40
MOTION for Leave to Conduct Jurisdictional Discovery by MCP International, LLC. Motion(s) will be submitted on 5/18/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Garner, James) Modified text/event on 4/27/2021 (jeg). Responses due by 5/10/2021 (mmv).
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Filing 39
RESPONSE/MEMORANDUM in Opposition filed by MCP International, LLC re #34 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Garner, James)
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Filing 38
MOTION for Leave to File Supplemental and Amended Complaint by MCP International, LLC. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 5/12/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading- Amended Complaint, #3 Proposed Pleading- Exhibit A, #4 Proposed Pleading- Exhibit B, #5 Proposed Pleading- Exhibit C, #6 Proposed Pleading- Exhibit D, #7 Proposed Pleading- Exhibit E, #8 Proposed Pleading- Exhibit F, #9 Notice of Submission, #10 Proposed Order)(Garner, James) Modified text/referral/attachment description on 4/27/2021 (jeg).
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Filing 37
NOTICE of Hearing. A call-in scheduling conference set for 5/20/2021 09:00 AM before case manager by telephone. By Clerk. Please follow the call-in instructions provided in the notice.(mmv)
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Filing 36
Correction of Docket Entry by Clerk re #33 Answer to Complaint, Counterclaim. **Filing attorney incorrectly selected Formula Four Beverages USA, Inc. and Oxigen USA, Inc. as filers when they are not listed as filers on the document. Correct filers are Formula Four Beverages, Inc. and Oxigen Beverages, Inc. Clerk took corrective action.** (mmv)
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Filing 35
Correction of Docket Entry by Clerk re #34 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . **Filing attorney incorrectly selected Formula Four Beverages, Inc. and Oxigen Beverages, Inc. as filers when they are not listed as filers on the document. Correct filers are Formula Four Beverages USA, Inc. and Oxigen USA, Inc.Clerk took corrective action.** (mmv)
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Filing 34
MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc. Motion(s) will be submitted on 5/4/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3)(Sherman, Matthew) Modified text/filers on 4/13/2021 (mmv). Responses due by 4/26/2021 (mmv).
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Filing 33
ANSWER, Affirmative Defenses to #1 Complaint with Jury Demand and COUNTERCLAIM with Jury Demand against MCP International, LLC by Oxigen Beverages, Inc., Formula Four Beverages, Inc. (Sherman, Matthew) Modified text/filers on 4/13/2021 (mmv).
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Filing 32
TELEPHONE STATUS CONFERENCE REPORT AND ORDER: for proceedings held before Judge Wendy B Vitter: On 4/7/2021, at the Court's request, the Court held a Telephone Status Conference in this matter. During the conference, the Court discussed with counsel the status of the case and disclosed a personal relationship with counsel for the Plaintiff. The Court advised all counsel that it believes it can be fair and impartial in this matter. Counsel voiced no objection to the Court remaining on this case. The Court also discussed with counsel the pending Motion to Set Aside Entry of Default, as set forth in document. IT IS HEREBY ORDERED that the #16 MOTION to Set Aside Default is GRANTED in part and DENIED in part as set forth in document. The Clerk of Court is directed to set aside the Entry of Default (R. Doc. 15). IT IS FURTHER ORDERED that Formula Four Beverages USA, Inc. and Oxigen USA, Inc. shall have until the close of business on Monday, April 12, 2021 to file responsive pleadings in this matter. (jeg)
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Filing 31
Reply Memorandum filed by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc., in Support of #16 MOTION to Set Aside Default. (mmv)
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Filing 30
TEXT ORDER (No PDF Document Attached) GRANTING #28 Motion for Leave to File Reply. The Clerk's Office is directed to file the Reply brief (R. Doc. 28-2) into the record in this matter. Signed by Judge Wendy B Vitter on 4/6/21. (fmm)
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Filing 29
Correction of Docket Entry by Clerk re #28 Reply to Response to Motion. **Filing attorney selected incorrect event. Correct event is MOTION for Leave to File Document. Clerk took corrective action by changing the event. No further action necessary.** (jeg)
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Filing 28
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of #16 MOTION to Set Aside Default filed by All Defendants. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Sherman, Matthew) Modified text/event on 4/5/2021 (jeg).
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Filing 27
TEXT ORDER (No PDF Document Attached). IT IS HEREBY ORDERED that a telephone status conference is set for Wednesday, April 7, 2021 at 3:00 p.m. Dial-in information will be emailed to counsel of record. Signed by Judge Wendy B Vitter.(fmm)
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Filing 26
TEXT ORDER (No PDF Document Attached) GRANTING #24 Motion for Leave to Substitute Exhibits. The Clerk's Office is directed to substitute R. Doc. 24-1 in the place of R. Doc. 23-1, and to substitute R. Doc. 24-2 in the place of R. Doc. 23-3. Signed by Judge Wendy B Vitter on 3/31/21. (fmm)
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Filing 25
Correction of Docket Entry by Clerk re #24 MOTION for Leave to Substitute Exhibits. **1.Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 23. 2.Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 24
EXPARTE/CONSENT MOTION for Leave to Substitute Exhibits re #23 RESPONSE/MEMORANDUM in Opposition by MCP International, LLC. (Attachments: #1 Proposed Pleading- Exhibit 1, #2 Proposed Pleading- Exhibit 3, #3 Proposed Order)(Garner, James) Modified text/linkage/attachment descriptions on 3/31/2021 (jeg).
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Filing 23
RESPONSE/MEMORANDUM in Opposition filed by MCP International, LLC re #16 MOTION to Set Aside Default . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Garner, James) (Attachment 1 and Attachment 3 replaced per text order, doc 26 on 4/1/2021) (mmv).
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Filing 22
TEXT ORDER (No PDF Document Attached) re #16 MOTION to Set Aside Default filed by Formula Four Beverages, Inc., Oxigen USA, Inc, Formula Four Beverages USA, Inc., Oxigen Beverages, Inc. IT IS HEREBY ORDERED that the submission date on the Motion is RESET for April 6, 2021. Signed by Judge Wendy B Vitter.(fmm)
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Filing 21
Correction of Docket Entry by Clerk re #19 Statement of Corporate Disclosure. **Filing attorney incorrectly entered corporate parent for a party that had no corporate parents. Clerk took corrective action and removed corporate parent. No further action necessary.** (jeg)
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Filing 20
Correction of Docket Entry by Clerk re #17 Affidavit, #18 Affidavit. **Filing attorney incorrectly linked document to document 4. Clerk removed linkage. No further action necessary.** (jeg)
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Filing 19
Statement of Corporate Disclosure by MCP International, LLC. (Garner, James) Modified text/removed corporate parent on 3/18/2021 (jeg).
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Filing 18
AFFIDAVIT of Service on Oxigen Beverages, Inc. on 3/5/2021 re #1 Complaint. (Garner, James) Modified text/linkage on 3/18/2021 (jeg).
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Filing 17
AFFIDAVIT of Service to Formula Four Beverages, Inc. on 3/5/2021 re #1 Complaint (Garner, James) Modified text/linkage on 3/18/2021 (jeg).
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Filing 16
MOTION to Set Aside Default by Formula Four Beverages USA, Inc., Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc. Motion(s) will be submitted on 4/20/2021. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission, #4 Exhibit)Attorney Matthew Arthur Sherman added to party Formula Four Beverages USA, Inc.(pty:dft), Attorney Matthew Arthur Sherman added to party Formula Four Beverages, Inc.(pty:dft), Attorney Matthew Arthur Sherman added to party Oxigen Beverages, Inc.(pty:dft), Attorney Matthew Arthur Sherman added to party Oxigen USA, Inc(pty:dft).(Sherman, Matthew) Responses due by 4/12/2021 (mmv).
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Filing 15
**SET ASIDE per Rec doc 32** IT IS HEREBY ORDERED that entry of default is entered against defendants Formula Four Beverages USA, Inc. and Oxigen USA, Inc. Signed by Clerk. (mmv) Modified on 4/7/2021 (jeg).
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Filing 14
Correction of Docket Entry by Clerk re #13 Request. **Filing attorney selected incorrect event. Correct event is MOTION for Entry of Default. Clerk took corrective action by changing the event. No further action necessary.** (jeg)
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Filing 13
EXPARTE/CONSENT MOTION for Entry of Default Request for Entry of Default by MCP International, LLC for (Attachments: #1 Exhibit 1- Affidavit, #2 Proposed Order)(Garner, James) Modified text/event on 3/8/2021 (jeg).
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Filing 12
ORDER TO SHOW CAUSE: IT IS ORDERED that, absent an appearance by Formula FourBeverages USA, Inc., and/or Oxigen USA, Inc. or request for entry of default upon Formula Four Beverages USA, Inc., and/or Oxigen USA, Inc., plaintiff show cause on or before March 17, 2021, by written motion or memorandum, as is appropriate, to report the status thereof or show cause why these defendants should not be dismissed for plaintiff's failure to prosecute. Signed by Judge Wendy B Vitter on 3/3/2021.(jeg)
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Filing 11
Summons Issued as to Formula Four Beverages, Inc., Oxigen Beverages, Inc.. (Attachments: #1 Summons)(jeg)
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Filing 10
Summons Submitted for Issuance (Garner, James)
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Filing 9
Summons Submitted for Issuance (Garner, James)
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Filing 8
SUMMONS Returned Executed; Oxigen USA, Inc served on 12/31/2020, answer due 1/21/2021. (Garner, James)
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Filing 7
SUMMONS Returned Executed; Formula Four Beverages USA, Inc. served on 12/31/2020, answer due 1/21/2021. (Garner, James)
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Filing 6
Summons Issued as to Formula Four Beverages USA, Inc., Oxigen USA, Inc. (Attachments: #1 Summons)(jeg)
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Filing 5
Request of Summons Issued as to Formula Four Beverage USA, Inc, Oxigen USA, Inc filed by MCP International, LLC re #1 Complaint,. (Attachments: #1 Summons)(Garner, James)
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Filing 4
Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of Summon for Formula Four Beverages, Inc. The pdf should not have the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk took corrective action. (lt)
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Filing 3
Summons Issued as to Formula Four Beverage USA, Inc, Formula Four Beverages, Inc., Oxigen Beverages, Inc., Oxigen USA, Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons)(lt)
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Filing 2
Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Dana Douglas. (aj)
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Filing 1
COMPLAINT against Formula Four Beverage USA, Inc., Formula Four Beverages, Inc., Oxigen USA, Inc., Oxigen Beverages, Inc. (Filing fee $ 402 receipt number BLAEDC-8654801) filed by MCP International, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)Attorney James M. Garner added to party MCP International, LLC(pty:pla).(Garner, James) (Attachment 2 replaced on 12/23/2020) (lt). Modified text on 12/23/2020 (lt).
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